The short version: if the home was owned as joint tenants (not tenants in common), the deceased owner's share passes directly and automatically to the surviving owner by right of survivorship — it does not go through probate, and the will has no say over it. But the BC Land Title and Survey Authority (LTSA) still needs real paperwork filed before the title officially reflects sole ownership.
Joint tenancy vs. tenants in common — why it matters here
This is the single most important fact to confirm first, because the two ownership structures work completely differently when someone dies:
- Joint tenancy — each owner holds an equal, undivided interest, and includes right of survivorship. When one owner dies, their share passes automatically to the surviving joint owner(s), bypassing the estate and the will entirely.
- Tenants in common — each owner holds a specific, separate share (not necessarily equal), with no automatic right of survivorship. A deceased owner's share becomes part of their estate and is distributed according to their will (or through probate rules if there's no will) — see our Probate Explained guide instead.
The property's title document will specify which structure applies. If you're not sure, this is one of the first things Mark Jontz checks when a family reaches out about a jointly-owned property — it completely changes what happens next.
How the Land Title transfer actually works
Even though survivorship is automatic in a legal sense, the title still shows both original owners' names until paperwork is filed. The typical process involves:
- A lawyer or notary reviewing the original death certificate
- Filing the appropriate transmission application with the BC Land Title and Survey Authority, with a copy of the death certificate attached
- Filing a Property Transfer Tax Return alongside the transmission (transfers to a surviving joint tenant are generally exempt from Property Transfer Tax, but the return still needs to be filed)
Processing with the LTSA generally takes a couple of weeks once properly filed, though it can run longer. Once complete, the deceased owner's name comes off title and the survivor is shown as sole owner — at which point the home can be listed and sold like any other property, with no probate step required specifically because of the joint tenancy.
Common mix-up: people sometimes assume because a family member died owning "half the house," probate is automatically required. If the ownership was genuinely joint tenancy, it usually isn't — the home itself passes outside the estate. Mark Jontz has walked numerous Okanagan families through confirming which situation actually applies before anyone assumes the harder (probate) path is necessary.
What if the joint tenancy was severed before death?
Joint tenancy can be legally "severed" during the owners' lifetimes, converting it into a tenancy in common — sometimes deliberately (as part of estate planning or a separation), sometimes without both parties realizing it happened. If there's any ambiguity about whether severance occurred, that's a question for the estate lawyer handling the file, since it changes whether probate is required at all.
This page provides general information and is not legal advice. Every situation is different — please consult a lawyer or notary about your specific circumstances.